The Employment Act 1955 (Act 265) is Malaysia's principal employment statute, applying to Peninsular Malaysia and Labuan. It fixes the statutory floor for hours, leave, wages and termination, and is administered by the Department of Labour under the Ministry of Human Resources. Its most recent substantial amendment, the Employment (Amendment) Act 2022 (Act A1651), came into force on 1 January 2023.
- Act 265; assented 4 June 1955, published 27 June 1955, in force 1 June 1957
- Territorial reach is Peninsular Malaysia and Labuan — Sabah and Sarawak run separate Labour Ordinances
- Act A1651, the 2022 amendment, came into force 1 January 2023, not on its 10 May 2022 publication date
- Coverage is set by the First Schedule, amended by P.U.(A) 262/2022 and P.U.(A) 273/2022
- Administered and enforced by Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM), Ministry of Human Resources
- This page is the statute record only — the practical rules live in the linked guides
Who this applies to: Readers who need the statutory identity, administration and amendment history of Act 265 rather than a how-to on any single entitlement.
On this page
This page is the statute record for Act 265 — its identity, administration and amendment chain. It deliberately does not restate the entitlements. Those are set out, with section numbers and current figures, in the Employment Act 1955 guide.
At a glance
| Short title | Employment Act 1955 |
| Act number | Act 265 |
| Type | Act of Parliament (revised edition 1982) |
| Royal assent | 4 June 1955 |
| Publication | 27 June 1955 |
| Commencement | 1 June 1957 |
| Territorial extent | Peninsular Malaysia and the Federal Territory of Labuan |
| Administered by | Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM), Ministry of Human Resources |
| Current reprint | 1 August 2023 |
What the Act governs
Act 265 fixes the statutory minimum terms of a contract of service. Its subject matter runs to contracts of service and their termination, payment of wages and lawful deductions, hours of work and overtime, rest days, public holidays, annual and sick leave, maternity and paternity protection, the employment of women, the employment of foreign employees, records and inspection, and the machinery for labour complaints before the Director General of Labour.
A contractual term less favourable than the Act is void to the extent of the shortfall. The Act is a floor, not a ceiling — an employer may always offer better, and most collective agreements do.
Who administers it
Enforcement sits with Jabatan Tenaga Kerja Semenanjung Malaysia under the Ministry of Human Resources. JTKSM registers complaints, conducts inspections and brings prosecutions; the Director General of Labour exercises the adjudicative and approval powers the Act confers, including approval to employ a foreign employee.
Note the naming trap: kesuma.gov.my does not resolve. The canonical ministry
domain is mohr.gov.my, and the department sits at jtksm.mohr.gov.my.
Amendment history
Act 265 has been amended more than twenty times since 1955. The entries that matter for reading the Act today:
| Instrument | Effect | Date |
|---|---|---|
| Act 265 (principal) | Enacted | In force 1 June 1957 |
| Original edition | Pre-revision text | 28 January 1982 |
| Revised edition | Consolidated as Act 265 | 18 February 1982 |
| Reprints | 1975 · 2001 · 2006 · 2012 | — |
| Employment (Amendment) Act 2022 (Act A1651) | The major modern rewrite — coverage, hours, leave, flexible working, forced-labour offence | Published 10 May 2022; in force 1 January 2023 |
| P.U.(A) 262/2022 | Employment (Amendment of First Schedule) Order 2022 | 15 August 2022 |
| P.U.(A) 273/2022 | Amends P.U.(A) 262/2022 | 30 August 2022 |
| P.U.(A) 257/2023 | Employment (Exemption) (Revocation) Order 2023 — revokes P.U.(A) 240/2016 | 29 August 2023 |
| Reprint | Current consolidated text | 1 August 2023 |
The commencement date is the trap. Act A1651 carries a publication date of 10 May 2022, and a great deal of published commentary treats that as the date the new rules began. It is not. Commencement was appointed for 1 January 2023, and AGC’s own timeline for Act 265 records a reprint at that date. Anything describing the 2022 amendments as operative during 2022 is describing law that had not yet started.
The second trap is scope. What the Act covers is set by its First Schedule, amended by ministerial order rather than by the Act itself — so the coverage question is answered by P.U.(A) 262/2022 as amended by P.U.(A) 273/2022, not by the section text alone.
Where the practical rules live
| Topic | Article |
|---|---|
| The Act explained end to end | Employment Act 1955 guide |
| Who is covered | Employment Act coverage |
| Contracts | Employment contract |
| Hours and overtime | Working hours and overtime |
| Leave | Leave entitlements |
| Termination | Termination of employment |
| Sabah and Sarawak | Sabah and Sarawak Labour Ordinances |
Is the Employment Act 1955 still in force?
Yes. Act 265 has been in force since 1 June 1957 and remains Malaysia's principal employment statute. It has been amended repeatedly, most substantially by the Employment (Amendment) Act 2022 (Act A1651), and the current AGC reprint is dated 1 August 2023.
When did the 2022 amendments actually take effect?
Act A1651 was published on 10 May 2022 but did not commence then. Commencement was appointed for 1 January 2023, and the AGC timeline for Act 265 records a reprint at that date. Guidance written in mid-2022 describing the amendments as already operative is describing law that had not yet commenced.
Does Act 265 apply in Sabah and Sarawak?
No. Act 265 extends to Peninsular Malaysia and the Federal Territory of Labuan. Sabah and Sarawak are governed by their own Labour Ordinances, broadly similar in structure but different in detail, including on coverage thresholds and some procedural steps.
The following are deliberately unstated or described only qualitatively until confirmed by a subject-matter expert:
- Confirm the exact commencement instrument for Act A1651 against the Federal Gazette; the project source register records P.U.(B) 394/2022 for the 1 January 2023 date.
Sources
- Act 265 — Employment Act 1955, principal Act timeline and amendment history — Attorney General's Chambers of Malaysia
- Akta Kerja 1955 (Akta 265) — Jabatan Tenaga Kerja Semenanjung Malaysia
- Jabatan Tenaga Kerja Semenanjung Malaysia — JTKSM
- Ministry of Human Resources Malaysia — MOHR
Change history
| Version | Date | Change | By |
|---|---|---|---|
| 01.00 | 20 Jul 2026 | Approved and published. | — |